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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Flood | ||||||
5 | Prevention District Act.
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6 | Section 5. Creation; purpose. | ||||||
7 | (a) Madison, Monroe, and St. Clair Counties may each be | ||||||
8 | designated independently and separately as a flood prevention | ||||||
9 | district for the purpose of performing emergency levee repair | ||||||
10 | and flood prevention in order to prevent the loss of life or | ||||||
11 | property. The county board of any such county may declare an | ||||||
12 | emergency and create a flood prevention district by the | ||||||
13 | affirmative vote of the majority of the members of the county | ||||||
14 | board. | ||||||
15 | (b) Two or more flood prevention districts may join | ||||||
16 | together through an intergovernmental agreement, pursuant to | ||||||
17 | the Intergovernmental Cooperation Act. | ||||||
18 | (c) Any district created under this Act shall be dissolved | ||||||
19 | upon the later of (i) 25 years after the date the district is | ||||||
20 | created or (ii) the payment of all obligations of the district | ||||||
21 | under Section 20 of this Act and any federal reimbursement | ||||||
22 | moneys to the county treasurer under Section 30 of this Act. A | ||||||
23 | district may be dissolved earlier if all federal reimbursement |
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1 | moneys have been paid to the county treasurer and all | ||||||
2 | obligations of the district have been paid, including its | ||||||
3 | obligations related to bonds issued under Section 20 of this | ||||||
4 | Act and any obligations incurred pursuant to an | ||||||
5 | intergovernmental agreement. | ||||||
6 | Section 10. Commissioners. | ||||||
7 | The affairs of the district shall be managed by a
board of | ||||||
8 | 3 commissioners who shall be appointed by the chairman of the | ||||||
9 | county board of the county in which the
district is situated. | ||||||
10 | All initial appointments under this Section must be made within | ||||||
11 | 90 days after the district is organized. Of the initial | ||||||
12 | appointments, one commissioner shall serve for a one-year term, | ||||||
13 | one commissioner shall serve for a 2-year term, and one | ||||||
14 | commissioner shall serve for a 3-year term, as determined by | ||||||
15 | lot. Their successors shall be appointed for 3-year terms. No | ||||||
16 | commissioner may serve for more than 20 years. All appointments | ||||||
17 | must be made so that no more than 2 commissioners are from the | ||||||
18 | same political party at the time of the appointment. With | ||||||
19 | respect to appointments representing the minority party in the | ||||||
20 | county, the minority party members of the county board may | ||||||
21 | submit names for consideration to the chairman of the county | ||||||
22 | board. Each commissioner must be a
legal voter in the district, | ||||||
23 | and at least one commissioner shall reside or own property that | ||||||
24 | is located within a floodplain situated in the territory of the | ||||||
25 | flood protection district. Commissioners shall serve without |
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1 | compensation, but may be reimbursed for reasonable expenses | ||||||
2 | incurred in the performance of their duties. | ||||||
3 | Section 20. Powers of the district. A district formed under | ||||||
4 | this Act shall have the following powers: | ||||||
5 | (1) To sue or be sued. | ||||||
6 | (2) To apply for and accept gifts, grants, and loans | ||||||
7 | from any public agency or private entity. | ||||||
8 | (3) To enter into intergovernmental agreements to | ||||||
9 | further ensure levee repair, levee construction or | ||||||
10 | reconstruction, and flood prevention, including agreements | ||||||
11 | with the United States Army Corps of Engineers or any other | ||||||
12 | agency or department of the federal government. | ||||||
13 | (4) To undertake evaluation, planning, design, | ||||||
14 | construction, and related activities that are determined | ||||||
15 | to be urgently needed to stabilize, repair, restore, | ||||||
16 | improve, or replace existing levees and other flood control | ||||||
17 | systems. | ||||||
18 | (5) To address underseepage problems and old and | ||||||
19 | deteriorating pumps, gates, pipes, electrical controls, | ||||||
20 | and other infrastructure. | ||||||
21 | (6) To conduct evaluations of levees and other flood | ||||||
22 | control facilities that protect urban areas, including the | ||||||
23 | performance of floodplain mapping studies. | ||||||
24 | (7) To provide capital moneys for levee or | ||||||
25 | river-related scientific studies, including the |
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1 | construction of facilities for such purposes. | ||||||
2 | (8) To borrow money or receive money from the United | ||||||
3 | States Government or any agency
thereof, or from any other | ||||||
4 | public or private source, for the purposes of
the District. | ||||||
5 | (9) To enter into agreements with private property | ||||||
6 | owners. | ||||||
7 | (10) To issue revenue bonds, payable from revenue | ||||||
8 | received from a retailers' occupation tax imposed under | ||||||
9 | Section 25 of this Act, and from any other revenue sources | ||||||
10 | available to the flood prevention district. These bonds may | ||||||
11 | be
issued with maturities not exceeding 25 years from the | ||||||
12 | date of the
bonds, and in such amounts as may be necessary | ||||||
13 | to provide sufficient
funds, together with interest, for | ||||||
14 | the purposes of the District. These
bonds shall bear | ||||||
15 | interest at a rate of not more than the maximum rate
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16 | authorized by the Bond Authorization Act, as amended at the | ||||||
17 | time of the
making of the contract of sale, payable | ||||||
18 | semi-annually, may be made
registerable as to
principal, | ||||||
19 | and may be made payable and callable as provided on any | ||||||
20 | date at a price of
par and accrued interest under such | ||||||
21 | terms and conditions as may be fixed by the
ordinance | ||||||
22 | authorizing the issuance of the bonds. Bonds issued under | ||||||
23 | this
Section are negotiable instruments. In case any | ||||||
24 | officer whose signature appears on the
bonds or
coupons | ||||||
25 | ceases to hold that office before the bonds are delivered, | ||||||
26 | such
officer's
signature shall nevertheless be valid and |
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1 | sufficient for all purposes the
same as though such officer | ||||||
2 | had remained in office until the bonds
were delivered. The
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3 | bonds shall be sold in such manner and upon such terms as | ||||||
4 | the board of commissioners
shall determine, except that the | ||||||
5 | selling price shall be such that the interest
cost to the | ||||||
6 | District of the proceeds of the bonds shall not exceed the | ||||||
7 | maximum
rate authorized by the Bond Authorization Act, as | ||||||
8 | amended at the time of the
making of the contract of sale, | ||||||
9 | payable semi-annually, computed to maturity
according
to | ||||||
10 | the standard table of bond values. A request to issue | ||||||
11 | revenue bonds by the Commission must be submitted for | ||||||
12 | approval to the county board of the county in which the | ||||||
13 | district is situated. The county board has 30 calendar days | ||||||
14 | to approve the issuance of such bonds. If the county board | ||||||
15 | does not approve or disapprove the issuance of the bonds | ||||||
16 | within 30 calendar days after the receipt of such request, | ||||||
17 | the request shall be deemed approved. | ||||||
18 | (11) To acquire property by gift, grant, or eminent | ||||||
19 | domain, in accordance with the Eminent Domain Act. Any | ||||||
20 | action by the District to acquire property by eminent | ||||||
21 | domain requires the express approval of the county board. | ||||||
22 | (12) To retain professional staff to carry out the | ||||||
23 | functions of the District. Any flood prevention district | ||||||
24 | shall employ a Chief Supervisor of Construction and the | ||||||
25 | Works with appropriate professional qualifications, | ||||||
26 | including a degree in engineering, construction, |
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1 | hydrology, or a related field, or an equivalent combination | ||||||
2 | of education and experience. The Chief Supervisor of | ||||||
3 | Construction and the Works shall be vested with the | ||||||
4 | authority to carry out the duties and mission of the Flood | ||||||
5 | Prevention District, pursuant to the direction and | ||||||
6 | supervision of the Board of Commissioners. The Chief | ||||||
7 | Supervisor of Construction and the Works may hire | ||||||
8 | additional staff as necessary to carry out the duties and | ||||||
9 | mission of the district, including administrative support | ||||||
10 | personnel. Two or more districts may, through an | ||||||
11 | intergovernmental agreement, share the services of a Chief | ||||||
12 | Supervisor of Construction and the Works, support staff, or | ||||||
13 | both. If 2 districts are adjoining and share a common | ||||||
14 | federal levee, they must retain the services of the same | ||||||
15 | person as Chief Supervisor of Construction and the Works. | ||||||
16 | (13) To conduct an audit of any drainage, levee, or | ||||||
17 | sanitary district within the territory of the flood | ||||||
18 | prevention district. | ||||||
19 | Section 25. Retailers' occupation tax. | ||||||
20 | (a) If the Board of a flood prevention district determines | ||||||
21 | that an emergency situation exists regarding levee repair or | ||||||
22 | flood prevention, and upon an ordinance or resolution adopted | ||||||
23 | by the affirmative vote of a majority of the members of the | ||||||
24 | county board of the county in which the district is situated, | ||||||
25 | it may impose a
retailers' occupation tax upon all persons |
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1 | engaged in the business of
selling tangible personal property | ||||||
2 | at retail within the territory of the district for a period not | ||||||
3 | to exceed 25 years or as required to repay the bonds issued | ||||||
4 | pursuant to Section 20 of this Act.
The tax rate shall be 0.25%
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5 | of the gross receipts from all taxable sales made in the course | ||||||
6 | of that
business. The tax
imposed under this Section and all | ||||||
7 | civil penalties that may be
assessed as an incident thereof | ||||||
8 | shall be collected and enforced by the
State Department of | ||||||
9 | Revenue. The Department shall have full power to
administer and | ||||||
10 | enforce this Section; to collect all taxes and penalties
so | ||||||
11 | collected in the manner hereinafter provided; and to determine | ||||||
12 | all
rights to credit memoranda arising on account of the | ||||||
13 | erroneous payment
of tax or penalty hereunder. | ||||||
14 | In the administration of and compliance with this | ||||||
15 | subsection, the Department and persons who are subject to this | ||||||
16 | subsection (i) have the same rights, remedies, privileges, | ||||||
17 | immunities, powers, and duties, (ii) are subject to the same | ||||||
18 | conditions, restrictions, limitations, penalties, and | ||||||
19 | definitions of terms, and (iii) shall employ the same modes of | ||||||
20 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
21 | 2-70 (in respect to all provisions contained in those Sections | ||||||
22 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
23 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
24 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, | ||||||
25 | 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and | ||||||
26 | all provisions of the Uniform Penalty and Interest Act as if |
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1 | those provisions were set forth in this subsection. | ||||||
2 | Persons subject to any tax imposed under this Section may | ||||||
3 | reimburse themselves for their seller's tax
liability | ||||||
4 | hereunder by separately stating the tax as an additional
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5 | charge, which charge may be stated in combination in a single | ||||||
6 | amount
with State taxes that sellers are required to collect | ||||||
7 | under the Use
Tax Act, under any bracket schedules the
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8 | Department may prescribe. | ||||||
9 | If a tax is imposed under this subsection (a), a tax shall | ||||||
10 | also
be imposed under subsection (b) of this Section. | ||||||
11 | (b) If a tax has been imposed under subsection (a), a | ||||||
12 | service occupation
tax shall
also be imposed upon all persons | ||||||
13 | within the territory of the district engaged in
the business of | ||||||
14 | making sales of service, who, as an incident to making the | ||||||
15 | sales
of service, transfer tangible personal property within | ||||||
16 | the territory of the district,
either in the form of tangible | ||||||
17 | personal property or in the form of real estate
as an incident | ||||||
18 | to a sale of service. The tax rate shall be 0.25% of the | ||||||
19 | selling price
of all tangible personal property transferred. | ||||||
20 | The tax imposed under this subsection and all civil
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21 | penalties that may be assessed as an incident thereof shall be | ||||||
22 | collected
and enforced by the State Department of Revenue. The | ||||||
23 | Department shall
have full power to administer and enforce this | ||||||
24 | subsection; to collect all
taxes and penalties due hereunder; | ||||||
25 | to dispose of taxes and penalties
collected in the manner | ||||||
26 | hereinafter provided; and to determine all
rights to credit |
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1 | memoranda arising on account of the erroneous payment
of tax or | ||||||
2 | penalty hereunder. | ||||||
3 | In the administration of and compliance with this | ||||||
4 | subsection, the Department and persons who are subject to this | ||||||
5 | subsection (i) have the same rights, remedies, privileges, | ||||||
6 | immunities, powers, and duties, (ii) be subject to the same | ||||||
7 | conditions, restrictions, limitations, penalties, and | ||||||
8 | definitions of terms, and (iii) employ the same modes of | ||||||
9 | procedure as are set forth in Sections 2 (except that that | ||||||
10 | reference to State in the definition of supplier maintaining a | ||||||
11 | place of business in this State means the district), 2a through | ||||||
12 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
13 | those Sections other than the State rate of tax), 4 (except | ||||||
14 | that the reference to the State shall be to the district), 5, | ||||||
15 | 7, 8 (except that the jurisdiction to which the tax is a debt | ||||||
16 | to the extent indicated in that Section 8 is the district), 9 | ||||||
17 | (except as to the disposition of taxes and penalties | ||||||
18 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
19 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
20 | reference to the State means the district), Section 15, 16, 17, | ||||||
21 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
22 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
23 | if those provisions were set forth herein. | ||||||
24 | Persons subject to any tax imposed under the authority | ||||||
25 | granted
in this subsection may reimburse themselves for their | ||||||
26 | serviceman's tax
liability hereunder by separately stating the |
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1 | tax as an additional
charge, that charge may be stated in | ||||||
2 | combination in a single amount
with State tax that servicemen | ||||||
3 | are authorized to collect under the
Service Use Tax Act, under | ||||||
4 | any bracket schedules the
Department may prescribe. | ||||||
5 | (c) This additional tax may not be imposed on personal | ||||||
6 | property titled or registered with an agency of the State; food | ||||||
7 | for human consumption that is to be consumed off the premises | ||||||
8 | where it is sold (other than alcoholic beverages, soft drinks, | ||||||
9 | and food that has been prepared for immediate consumption); | ||||||
10 | prescription and non-prescription medicines, drugs, and | ||||||
11 | medical appliances; or insulin, urine testing materials, and | ||||||
12 | syringes and needles used by diabetics. | ||||||
13 | (d) Nothing in this Section shall be construed to authorize | ||||||
14 | the
district to impose a tax upon the privilege of engaging in | ||||||
15 | any business
that under the Constitution of the United States | ||||||
16 | may not be made the
subject of taxation by the State. | ||||||
17 | (e) The certificate of registration that is issued by the | ||||||
18 | Department to a retailer under the Retailers' Occupation Tax | ||||||
19 | Act or a serviceman under the Service Occupation Tax Act | ||||||
20 | permits the retailer or serviceman to engage in a business that | ||||||
21 | is taxable without registering separately with the Department | ||||||
22 | under an ordinance or resolution under this Section. | ||||||
23 | (f) The Department shall immediately pay over to the State | ||||||
24 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
25 | collected under this Section to be deposited into the Flood | ||||||
26 | Prevention Occupation Tax Fund, which shall be an |
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1 | unappropriated trust fund held outside the State treasury. | ||||||
2 | On or before the 25th day of each calendar month, the | ||||||
3 | Department shall prepare and certify to the Comptroller that | ||||||
4 | disbursement of stated sums of money to the counties from which | ||||||
5 | retailers or servicemen have paid taxes or penalties to the | ||||||
6 | Department during the second preceding calendar month. The | ||||||
7 | amount to be paid to each county is equal to the amount (not | ||||||
8 | including credit memoranda) collected from the county under | ||||||
9 | this Section during the second preceding calendar month by the | ||||||
10 | Department, (i) less 2% of that amount, which shall be | ||||||
11 | deposited into the Tax Compliance and Administration Fund and | ||||||
12 | shall be used by the Department in administering and enforcing | ||||||
13 | the provisions of this Section on behalf of the county, (ii) | ||||||
14 | plus an amount that the Department determines is necessary to | ||||||
15 | offset any amounts that were erroneously paid to a different | ||||||
16 | taxing body; (iii) less an amount equal to the amount of | ||||||
17 | refunds made during the second preceding calendar month by the | ||||||
18 | Department on behalf of the county; and (iv) less any amount | ||||||
19 | that the Department determines is necessary to offset any | ||||||
20 | amounts that were payable to a different taxing body but were | ||||||
21 | erroneously paid to the county. When certifying the amount of a | ||||||
22 | monthly disbursement to a county under this Section, the | ||||||
23 | Department shall increase or decrease the amounts by an amount | ||||||
24 | necessary to offset any miscalculation of previous | ||||||
25 | disbursements within the previous 6 months from the time a | ||||||
26 | miscalculation is discovered. |
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1 | Within 10 days after receipt by the Comptroller from the | ||||||
2 | Department of the disbursement certification to the counties | ||||||
3 | provided for in this Section, the Comptroller shall cause the | ||||||
4 | orders to be drawn for the respective amounts in accordance | ||||||
5 | with directions contained in the certification. | ||||||
6 | If the Department determines that a refund should be made | ||||||
7 | under this Section to a claimant instead of issuing a credit | ||||||
8 | memorandum, then the Department shall notify the Comptroller, | ||||||
9 | who shall cause the order to be drawn for the amount specified | ||||||
10 | and to the person named in the notification from the | ||||||
11 | Department. The refund shall be paid by the Treasurer out of | ||||||
12 | the Flood Prevention Occupation Tax Fund. | ||||||
13 | (g) If a flood prevention district board imposes a tax | ||||||
14 | under this Section, then the board shall, by ordinance, | ||||||
15 | discontinue the tax upon the payment of all bonded indebtedness | ||||||
16 | of the District. The tax shall not be discontinued until all | ||||||
17 | bonded indebtedness of the District has been paid. | ||||||
18 | (h) Any ordinance imposing the tax under this Section, or | ||||||
19 | any ordinance that discontinues the tax, must be certified by | ||||||
20 | the county clerk and filed with the Illinois Department of | ||||||
21 | Revenue either (i) on or before the first day of April, | ||||||
22 | whereupon the Department shall proceed to administer and | ||||||
23 | enforce the tax or change in the rate as of the first day of | ||||||
24 | July next following the filing; or (ii) on or before the first | ||||||
25 | day of October, whereupon the Department shall proceed to | ||||||
26 | administer and enforce the tax or change in the rate as of the |
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1 | first day of January next following the filing. | ||||||
2 | (j) This Section may be cited as the Flood Prevention | ||||||
3 | Occupation Tax Law. | ||||||
4 | Section 30. Disbursement of federal funds. | ||||||
5 | (a) Any reimbursements for the construction of flood | ||||||
6 | protection facilities shall be appropriated to each county | ||||||
7 | flood prevention district in accordance with the location of | ||||||
8 | the specific facility for which the federal appropriation is | ||||||
9 | made. | ||||||
10 | (b) If there are federal reimbursements to a county flood | ||||||
11 | prevention district for construction of flood protection | ||||||
12 | facilities that were built using revenues authorized by this | ||||||
13 | Act, those funds shall be used for early retirement of bonds | ||||||
14 | issued in accordance with this Act. | ||||||
15 | (c) When all bond obligations of the District have been | ||||||
16 | paid, any remaining federal reimbursement moneys shall be | ||||||
17 | remitted to the county treasurer for deposit into a special | ||||||
18 | fund for the continued long-term maintenance of federal levees | ||||||
19 | and flood protection facilities, pursuant to the direction of | ||||||
20 | the county board. | ||||||
21 | Section 35. Financial audit of the Commission. A financial | ||||||
22 | audit of the Commission shall be conducted annually by a | ||||||
23 | certified public accountant (CPA) that is licensed at the time | ||||||
24 | of the audit by the Illinois Department of Financial and |
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1 | Professional Regulation. The CPA shall meet all of the general | ||||||
2 | standards concerning qualifications, independence, due | ||||||
3 | professional care, and quality control as required by the | ||||||
4 | Government Auditing Standards, 1994 Revision, Chapter 3, | ||||||
5 | including the requirements for continuing professional | ||||||
6 | education and external peer review. The financial audit is to | ||||||
7 | be performed in accordance with generally accepted auditing | ||||||
8 | standards issued by the American Institute of Certified Public | ||||||
9 | Accountants (AICPA) for field work and reporting, generally | ||||||
10 | accepted government auditing standards (GAGAS) and AICPA | ||||||
11 | Statements on Auditing Standards (SAS) current at the time the | ||||||
12 | audit is commenced. The audit shall be made publicly available | ||||||
13 | and sent to the county board chairman of the county in which | ||||||
14 | the district is situated and to the Illinois Secretary of | ||||||
15 | State. | ||||||
16 | Section 40. Budget of the Commission. The Commission shall | ||||||
17 | adopt an annual budget by August 31 of each year for the fiscal | ||||||
18 | year beginning October 1. Such budget shall include expected | ||||||
19 | revenues by source and expenditures by project or by function | ||||||
20 | for the following year. The budget must be approved by the | ||||||
21 | county board of the county in which the district is situated | ||||||
22 | prior to any expenditure by the Commission for the fiscal year | ||||||
23 | beginning October 1. The county board must approve or | ||||||
24 | disapprove the budget of the commission within 30 calendar days | ||||||
25 | after the budget is received by the county board. If the county |
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1 | board does not act to approve or disapprove the budget within | ||||||
2 | 30 calendar days of receipt, it shall stand as approved. | ||||||
3 | In addition, the Commission shall submit an annual report | ||||||
4 | to the county board by August 31 of each year detailing the | ||||||
5 | activities of the district. This report must also include any | ||||||
6 | information submitted to the flood prevention district by a | ||||||
7 | drainage, levee, or sanitary district in accordance with | ||||||
8 | Section 4-45 of the Illinois Drainage Code or Section 2-2 of | ||||||
9 | the Metro-East Sanitary District Act. | ||||||
10 | Section 45. Procurement. The Commission shall conduct all | ||||||
11 | procurements in accordance with the requirements of the Local | ||||||
12 | Government Professional Services Selection Act and any | ||||||
13 | competitive bid requirements contained in Section 5-1022 of the | ||||||
14 | Counties Code. | ||||||
15 | Section 50. Contracts for construction. A request for any | ||||||
16 | construction contract of more than $10,000 by the Commission | ||||||
17 | must be submitted for approval to the county board of the | ||||||
18 | county in which the district is situated. The county board has | ||||||
19 | 30 calendar days to approve the construction contract. If the | ||||||
20 | county board does not approve or disapprove the construction | ||||||
21 | contract within 30 calendar days after the receipt of such | ||||||
22 | request, the request shall be deemed approved. | ||||||
23 | Section 60. The Intergovernmental Cooperation Act is |
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1 | amended by adding Section 3.9 as follows: | ||||||
2 | (5 ILCS 220/3.9 new)
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3 | Sec. 3.9. Flood prevention. Two or more county flood | ||||||
4 | prevention districts may enter into an intergovernmental | ||||||
5 | agreement to provide any services authorized in the Flood | ||||||
6 | Prevention District Act.
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7 | Section 70. The Illinois Governmental Ethics Act is amended | ||||||
8 | by changing Section 4A-101 as follows: | ||||||
9 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||||||
10 | Sec. 4A-101. Persons required to file. The following | ||||||
11 | persons shall file
verified written statements of economic | ||||||
12 | interests, as provided in this Article:
| ||||||
13 | (a) Members of the General Assembly and candidates for | ||||||
14 | nomination or
election to the General Assembly.
| ||||||
15 | (b) Persons holding an elected office in the Executive | ||||||
16 | Branch of this
State, and candidates for nomination or | ||||||
17 | election to these offices.
| ||||||
18 | (c) Members of a Commission or Board created by the | ||||||
19 | Illinois Constitution,
and candidates for nomination or | ||||||
20 | election to such Commission or Board.
| ||||||
21 | (d) Persons whose appointment to office is subject to | ||||||
22 | confirmation by
the Senate.
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23 | (e) Holders of, and candidates for nomination or |
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1 | election to, the office
of judge or associate judge of the | ||||||
2 | Circuit Court and the office of judge of
the Appellate or | ||||||
3 | Supreme Court.
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4 | (f) Persons who are employed by any branch, agency, | ||||||
5 | authority or board
of the government of this State, | ||||||
6 | including but not limited to, the Illinois
State Toll | ||||||
7 | Highway Authority, the Illinois Housing Development | ||||||
8 | Authority,
the Illinois Community College Board, and | ||||||
9 | institutions under the
jurisdiction of the Board of | ||||||
10 | Trustees
of the University of Illinois, Board of Trustees | ||||||
11 | of Southern Illinois
University, Board of Trustees of | ||||||
12 | Chicago State University,
Board of Trustees of Eastern | ||||||
13 | Illinois University, Board of Trustees of
Governor's State | ||||||
14 | University, Board of Trustees of Illinois State | ||||||
15 | University,
Board of Trustees of Northeastern Illinois | ||||||
16 | University, Board of Trustees of
Northern Illinois | ||||||
17 | University, Board of Trustees of Western Illinois
| ||||||
18 | University, or Board of Trustees of the Illinois | ||||||
19 | Mathematics and Science
Academy, and are compensated for | ||||||
20 | services as employees and not as
independent contractors | ||||||
21 | and who:
| ||||||
22 | (1) are, or function as, the head of a department, | ||||||
23 | commission, board,
division, bureau, authority or | ||||||
24 | other administrative unit within the
government of | ||||||
25 | this State, or who exercise similar authority within | ||||||
26 | the
government of this State;
|
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| |||||||
1 | (2) have direct supervisory authority over, or | ||||||
2 | direct responsibility for
the formulation, | ||||||
3 | negotiation, issuance or execution of contracts | ||||||
4 | entered into
by the State in the amount of $5,000 or | ||||||
5 | more;
| ||||||
6 | (3) have authority for the issuance or | ||||||
7 | promulgation of rules and
regulations within areas | ||||||
8 | under the authority of the State;
| ||||||
9 | (4) have authority for the approval of | ||||||
10 | professional licenses;
| ||||||
11 | (5) have responsibility with respect to the | ||||||
12 | financial inspection
of regulated nongovernmental | ||||||
13 | entities;
| ||||||
14 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
15 | or administrative
proceeding, or review the | ||||||
16 | adjudication, arbitration or decision of any judicial
| ||||||
17 | or administrative proceeding within the authority of | ||||||
18 | the State;
| ||||||
19 | (7) have supervisory responsibility for 20 or more | ||||||
20 | employees of the
State; or
| ||||||
21 | (8) negotiate, assign, authorize, or grant naming | ||||||
22 | rights or sponsorship rights regarding any property or | ||||||
23 | asset of the State, whether real, personal, tangible, | ||||||
24 | or intangible.
| ||||||
25 | (g) Persons who are elected to office in a unit of | ||||||
26 | local government,
and candidates for nomination or |
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1 | election to that office, including regional
| ||||||
2 | superintendents of school districts.
| ||||||
3 | (h) Persons appointed to the governing board of a unit | ||||||
4 | of local
government, or of a special district, and persons | ||||||
5 | appointed to a zoning
board, or zoning board of appeals, or | ||||||
6 | to a regional, county, or municipal
plan commission, or to | ||||||
7 | a board of review of any county, and persons
appointed to | ||||||
8 | the Board of the Metropolitan Pier and Exposition Authority
| ||||||
9 | and any Trustee appointed under Section 22 of the | ||||||
10 | Metropolitan Pier and
Exposition Authority Act, and | ||||||
11 | persons appointed to a board or commission of
a unit of | ||||||
12 | local government who have authority to authorize the | ||||||
13 | expenditure of
public funds. This subsection does not apply | ||||||
14 | to members of boards or
commissions who function in an | ||||||
15 | advisory capacity.
| ||||||
16 | (i) Persons who are employed by a unit of local | ||||||
17 | government and are
compensated for services as employees | ||||||
18 | and not as independent contractors and
who:
| ||||||
19 | (1) are, or function as, the head of a department, | ||||||
20 | division, bureau,
authority or other administrative | ||||||
21 | unit within the unit of local
government, or who | ||||||
22 | exercise similar authority within the unit of local
| ||||||
23 | government;
| ||||||
24 | (2) have direct supervisory authority over, or | ||||||
25 | direct responsibility for
the formulation, | ||||||
26 | negotiation, issuance or execution of contracts |
| |||||||
| |||||||
1 | entered into
by the unit of local government in the | ||||||
2 | amount of $1,000 or greater;
| ||||||
3 | (3) have authority to approve licenses
and permits | ||||||
4 | by the unit of local government; this item does not | ||||||
5 | include
employees who function in a ministerial | ||||||
6 | capacity;
| ||||||
7 | (4) adjudicate, arbitrate, or decide any judicial | ||||||
8 | or administrative
proceeding, or review the | ||||||
9 | adjudication, arbitration or decision of any judicial
| ||||||
10 | or administrative proceeding within the authority of | ||||||
11 | the unit of local
government;
| ||||||
12 | (5) have authority to issue or promulgate rules and | ||||||
13 | regulations within
areas under the authority of the | ||||||
14 | unit of local government; or
| ||||||
15 | (6) have supervisory responsibility for 20 or more | ||||||
16 | employees of the
unit of local government.
| ||||||
17 | (j) Persons on the Board of Trustees of the Illinois | ||||||
18 | Mathematics and
Science Academy.
| ||||||
19 | (k) Persons employed by a school district in positions | ||||||
20 | that
require that
person to hold an administrative or a | ||||||
21 | chief school business official
endorsement.
| ||||||
22 | (l) Special government agents. A "special government | ||||||
23 | agent" is a
person who is directed, retained, designated, | ||||||
24 | appointed, or
employed, with or without compensation, by or | ||||||
25 | on behalf of a
statewide executive branch constitutional | ||||||
26 | officer to make an ex
parte communication under Section |
| |||||||
| |||||||
1 | 5-50 of the State Officials and
Employees Ethics Act or | ||||||
2 | Section 5-165 of the Illinois
Administrative Procedure | ||||||
3 | Act.
| ||||||
4 | (m) Members of the board of commissioners of any flood | ||||||
5 | prevention district. | ||||||
6 | This Section shall not be construed to prevent any unit of | ||||||
7 | local government
from enacting financial disclosure | ||||||
8 | requirements that mandate
more information
than required by | ||||||
9 | this Act.
| ||||||
10 | (Source: P.A. 93-617, eff. 12-9-03; 93-816, eff. 7-27-04.)
| ||||||
11 | Section 75. The Illinois Drainage Code is amended by adding | ||||||
12 | Section 4-45 as follows: | ||||||
13 | (70 ILCS 605/4-45 new)
| ||||||
14 | Sec. 4-45. Flood prevention districts; reporting | ||||||
15 | requirement; control. If a flood prevention district has been | ||||||
16 | formed under the Flood Prevention District Act, the flood | ||||||
17 | prevention district shall have the exclusive authority within | ||||||
18 | such areas as designated by the county board to restore, | ||||||
19 | improve, upgrade, construct, or reconstruct levees. If any part | ||||||
20 | of the territory of a drainage district, levee district, or | ||||||
21 | sanitary district overlaps with the territory of a flood | ||||||
22 | prevention district, the drainage district, levee district, or | ||||||
23 | sanitary district shall, at the direction of the county board, | ||||||
24 | operate under the direction of the board of commissioners of |
| |||||||
| |||||||
1 | the flood prevention district with respect to the restoration, | ||||||
2 | improvement, upgrade, construction, or reconstruction of | ||||||
3 | levees and other flood control systems. At the direction of the | ||||||
4 | county board, the flood prevention district and its assignees | ||||||
5 | shall be permitted to utilize any property, easements, or | ||||||
6 | rights-of-way owned or controlled by the drainage district, | ||||||
7 | levee district, or sanitary district. In addition, at the | ||||||
8 | direction of the county board, the board of commissioners of | ||||||
9 | any such drainage, levee, or sanitary district must comply with | ||||||
10 | any requests for information by the board of commissioners of | ||||||
11 | the flood prevention district, including, but not limited to, | ||||||
12 | requests for information concerning past, present, and future | ||||||
13 | contracts; employees of the drainage, levee, or sanitary | ||||||
14 | district; finances of the drainage, levee, or sanitary | ||||||
15 | district; and other activities of the drainage, levee, or | ||||||
16 | sanitary district. This information must be submitted to the | ||||||
17 | board of commissioners of the flood prevention district within | ||||||
18 | 30 days after the request is received. Nothing in this Section | ||||||
19 | 4-45 or in the Flood Prevention District Act shall preclude or | ||||||
20 | prohibit a drainage district, levee district, or sanitary | ||||||
21 | district that overlaps the territory of a flood prevention | ||||||
22 | district from conducting or performing its normal operation and | ||||||
23 | maintenance of levees under their control, provided such normal | ||||||
24 | operation and maintenance does not interfere with or inhibit | ||||||
25 | the restoration, improvement, upgrade, construction, or | ||||||
26 | reconstruction of levees and other flood control systems by the |
| |||||||
| |||||||
1 | flood prevention district. | ||||||
2 | Section 80. The Metro-East Sanitary District Act of 1974 is | ||||||
3 | amended by changing Section 2-2 as follows:
| ||||||
4 | (70 ILCS 2905/2-2) (from Ch. 42, par. 502-2)
| ||||||
5 | Sec. 2-2.
| ||||||
6 | To lay out, locate, establish and construct one or more | ||||||
7 | levees or
embankments of such size, material and character as | ||||||
8 | may be required to
protect the district against overflow from | ||||||
9 | any river, or tributary stream,
or water-course, and to lay | ||||||
10 | out, establish and construct all such other or
additional | ||||||
11 | improvements or works as may be auxiliary or incidental | ||||||
12 | thereto,
or promotive of the sanitary purposes contemplated in | ||||||
13 | this Act; and to
maintain, repair, change, enlarge and add to | ||||||
14 | such levees, embankments,
improvements and work as may be | ||||||
15 | necessary or proper to meet future
requirements for the | ||||||
16 | accomplishment of the purposes aforesaid.
| ||||||
17 | To the extent that any part of the territory of the | ||||||
18 | District overlaps with a flood prevention district that is | ||||||
19 | formed under the Flood Prevention District Act, the flood | ||||||
20 | prevention district shall have the exclusive authority to | ||||||
21 | repair, construct, or reconstruct levees within the territory | ||||||
22 | of the flood prevention district. The District shall operate | ||||||
23 | under the direction of the board of commissioners of the flood | ||||||
24 | prevention district with respect to the repair, construction, |
| |||||||
| |||||||
1 | or reconstruction of levees within the territory of the flood | ||||||
2 | prevention district. In addition, the board of the District | ||||||
3 | must comply with any requests for information by the board of | ||||||
4 | commissioners of the flood prevention district, including, but | ||||||
5 | not limited to, requests for information concerning past, | ||||||
6 | present, and future contracts; employees of the District; | ||||||
7 | finances of the District; and other activities of the District. | ||||||
8 | This information must be submitted to the board of | ||||||
9 | commissioners of the flood prevention district within 30 days | ||||||
10 | after the request is received. | ||||||
11 | (Source: P.A. 78-1017.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|